General Conditions of Online Sale - EVASION Club (Suchet & Buttier S.A.S)
These general conditions of sale are current as of May 1, 2017
1. LEGAL INFORMATION
These General Conditions of Sale (hereinafter the "GTC") are proposed by the company EVASION Club (Suchet & Buttier SAS) (hereinafter the "Company"), a SAS company with a capital of 100 euros, registered in the Register of Trade and Companies under number 902 240 341, whose registered office is located at 102 Av des Champs Elysees, 75008 Paris, France. His non-premium telephone number is +33 (0) 1 82 83 13 66, his e-mail address is firstname.lastname@example.org and his individual VAT identification number FR06802240341.
The company is the owner and publisher of the website https://www.evasion.club/ (hereinafter the "Site"). The Site is hosted by Ex2. inc, reachable by email at email@example.com.
The publisher of the Site is Sidney SUCHET.
The Website offers the Customer (hereinafter "the Customer") a connection service for the online purchase of a driving course in Formula 1, Formula Renault, sports cars and driving baptism (hereinafter referred to as "the Customer"). Benefits ").
1. APPLICATION AND OPPOSABILITY OF TERMS
The purpose of these T & Cs is to define all the conditions under which the Company markets the Services as offered for sale on the Website to Customers.
They therefore apply to any order (hereinafter the "Order") of Services placed on the Site by the Customer.
The Customer declares to have read and accepted these Terms and Conditions before placing his Order.
Validation of the Order is therefore acceptance of these Terms. These are regularly updated, the applicable GTC are those in force on the Site at the date of placing the Order.
1. ORDERING THE BENEFITS ON THE SITE
The Customer selects the Service he wishes to purchase, and can access at any time the summary of his Order before confirming it.
The Customer proceeds to the confirmation of his Order after filling in his billing information, the preferred date to perform the Service, except in the case where a gift voucher allowing him to book the Service later, and finally his payment information. A clear and legible statement of payment will appear on the order confirmation screen to ensure that the Customer explicitly acknowledges its obligation to pay for the Order.
The Company will send the Customer a confirmation e-mail in the form of a purchase invoice, containing the elements of the summary of his Order and communicating to him if necessary the date confirmed for the performance of the Service. In the case of a gift voucher purchase, the Customer will simply receive a confirmation e-mail of the order with his voucher. The sending of this confirmation email formalizes the contractual commitment between the Company and the Customer.
3-B: Possible damage
To cover the damage caused to the car (s) by the trainee responsible for a disaster, it will have to pay the same day to EVASION CLUB (SUCHET & BUTTIER SAS) a deposit check corresponding to a franchise of 4 000 € TTC (for F1 driving courses) or € 2,000 TTC (for FR and GT driving courses). If the damage is less than this sum, the debtor will be sent a check of the difference by EVASION CLUB (SUCHET & BUTTIER S.A.S).
Franchises can be partially / totally redeemed.
Pilotage F1: Franchise of 4 000 €. If payment of an additional amount of € 190, the deductible is reduced to € 1,000.
Pilotage FR: Franchise of 2 000 €. If payment of an additional sum of 100 €, the deductible is reduced to 500 €.
Pilotage GT: Franchise of 2 000 €. If payment of an additional sum of 50 €, more deductible to pay.
EVASION CLUB (SUCHET & BUTTIER S.A.S) is a reseller of LRS Formula courses. LRS Formula is insured with A.C.L. 59 rue de l'Abondance in LYON by a "professional multi-risk" contract including the following guarantees:
RC vehicle traffic F1 "school" including personal RC vehicle users; Professional RC as a driving school; organizer of courses on different European circuits; Individual accident of drivers of insured vehicles (guaranteed capital: € 15,245 in death, € 15,245 in permanent disability with relative deductible of 10%). As a result, the trainee waives the search for the responsibility of EVASION CLUB (SUCHET & BUTTIER S.A.S) and LRS Formula beyond the warranties subscribed. Each trainee undertakes to sign a document limiting the liability of EVASION CLUB (SUCHET & BUTTIER S.A.S) and LRS Formula to the guarantees mentioned above for the "individual accident" part.
1. PRICE AND TERMS OF PAYMENT OF THE ORDER
The prices are mentioned on the Site in the descriptions of the Services, in euros and all taxes included.
The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and validates his billing details and proceeds to the payment.
The Order of Services on the Website is payable in euros. The full payment must be made on the date of the Order by the Customer, only by credit card or Paypal payment, except special payment conditions expressly accepted by the Customer and the Company.
The Site uses the online payment security system of Paypal and ATOS, a provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The credit card transaction between the Customer and the secure system is fully encrypted and protected.
The Customer guarantees the Company that he has the necessary authorizations to use the method of payment chosen when placing the Order.
The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of performance, in case of non-payment or partial payment of any sum that would be owed by the Client to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the website and the payment of an Order, or in the case of misuse or abuse of 'a discount code.
1. DATE OF THE BENEFIT
From the validation of the Order, and following the reservation of a date online by the Customer, the Company will contact the Customer either by mail or by telephone, to define the methods of organization and implementation of the Services and the confirmed date and place of performance of the Service.
If the date chosen by the Customer when placing his Order is not available, the Company will communicate to the Customer by email another possible date. In the absence of acceptance by the Customer of this new date proposed within a period of six days from the sending of the email by the Company, the Order will be automatically canceled.
The Customer acknowledges that any benefit ordered in the form of a gift voucher at a validity expiry date as stipulated at the time of purchase. It is also expressly reminded that the closure of a circuit realizing the ordered Service can not call into question the expiry of the Service. The Customer is therefore invited to check the opening dates of the circuit carrying out the Services when ordering a Service to offer it to a third party.
Any delivery date confirmed by the Client is firm. The Company reserves the right, however, to modify, postpone or cancel the completion date of the Service at any time and until the day before the scheduled date depending on the technical hazards and the weather, the various openings / closings of the circuits. , authorizations, or any event beyond the reasonable control of the Company. In such a situation, the only compensation allowed is the possibility of postponing the confirmed Benefit to another date.
Refusal of a Service, delay or absence of the Client on the date confirmed or following an alternative date proposed by the Company, or the invocation of any reason whatsoever resulting in jeopardizing the Benefit on the day and on that date can not give rise to any refund and will result in the loss of the total amount of the Order.
The Customer undertakes to inform the Company of any changes that may occur between the Order and the performance of the Services.
1. RIGHT OF WITHDRAWAL
In accordance with Article L.221-28 of the Consumer Code, the Customer acknowledges that the legal right of withdrawal does not apply from the confirmation of the date of the Service by the Company because it is then a leisure activity to be provided on a given date and not benefiting from the right of withdrawal.
In the event of a simple purchase of a voucher with no confirmed date for the Service, the Customer has a period of 14 days from the date of the validation of his Order to exercise his right of withdrawal from the Company, without having to justify reasons or to pay a penalty.
To exercise the right of withdrawal of the Order, the Customer must notify its decision of withdrawal by means of an unambiguous declaration, without justifying reasons. The Customer may communicate its decision of retraction to the Company by any means, in particular by sending it by mail to the Company at the following address: EVASION Club (Suchet & Buttier SAS), 102 Av des Champs Elysees, 75008 Paris, France or firstname.lastname@example.org.
The Customer may also use the withdrawal form reproduced at the end of these Terms. Once completed, the withdrawal form, which constitutes a decision to withdraw, may be sent to the Company by the same means mentioned above.
In case of notification to the Company by the Customer of his decision to withdraw, regardless of the means used, the Company will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including by email).
In case of withdrawal of the Customer, the reimbursement of the Service which has been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a cancellation. different way. The reimbursement is made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Client's decision to cancel the Order.
1. CUSTOMER SERVICE
For any request for information, clarification or for any claim, the Customer must contact, in priority, the Customer service of the Company, in order to allow the latter to try to find a solution to the problem.
The Company's Customer Service is accessible using the following coordinates:
- telephone (not surcharged) +33 (0) 1 82 83 13 66
- email: email@example.com
- mail: EVASION Club (Suchet & Buttier S.A.S), 102 Av des Champs Elysees, 75008 Paris, France
1. CUSTOMER OBLIGATIONS
8.1. Obligations of the Customer regarding the realization of the Services
The Client is informed that the maximum weight allowed to participate in the Services is 104Kg and that the minimum age required is 18 years with written parental authorization. In case of non-compliance with the above, no refund of the Order will be authorized in case of non-performance of the Service.
The Customer agrees to behave in a manner consistent with the instructions of the Company when performing the Services. It is recalled that the proposed services are subject to constraints inherent in Formula 1 activities (weight constraints - technical constraints - regulatory constraints - organizational constraints - physical fitness constraints). In this respect, the Company reserves the right to accept or refuse any person it deems inappropriate for the Services.
The Client must be in good physical and mental health, and not be infected or ill-advised to perform the Services, have not recently had an accident, do not follow medical treatment, do not suffer from problems in the lower limbs, spine, heart, ENT, loss of consciousness, epilepsy and not being in a state of pregnancy. The Company reserves the right to require the provision of a medical certificate in this respect which is in any case recommended.
The Client or the third party for whom the Customer has placed an Order is also asked to call the Company the day before to ensure the good weather conditions for the performance of the Service.
8.2. General and contractual obligations of the Client
The Customer agrees to comply with the terms of these Terms.
The Customer agrees that he uses the Site only for his personal use, in accordance with these Terms. In this respect, the Customer agrees to abstain:
- To use the Site in any way illegal, for any illegal purpose or in any way incompatible with these Terms.
- To sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or part of the content contained on the Site or to decompile, extract, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site.
- To attempt to gain unauthorized access to the Site's computer system or to engage in any disruptive activity, decreasing the quality or interfering with performance or damaging the functionality of the Site.
- Use the Site for abusive purposes by intentionally introducing viruses or other malicious program and attempting to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and / or resell or attempt to resell the Services to third parties.
- To denigrate the Site and / or Services as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Customer does not comply with these Terms, the Company may at any time, and at its sole discretion, remove its access to the Site and take any measures including any civil and criminal proceedings to against him.
The Company implements all the measures necessary to ensure to the Customer the provision, under optimal conditions, of Quality Services. However, it can not in any way be held liable for any damage that may be attributable to the Customer, particularly in the event of non-compliance with these GTS or the instructions given by the Company, or to the unpredictable and insurmountable circumstances of a third party contract, either to a case of force majeure.
It is recalled that the proposed services are subject to constraints inherent in Formula 1 activities (weight constraints - technical constraints - regulatory constraints - organizational constraints - physical fitness constraints). So that the day the foreseeable time of passage of Benefit, and any variable and / or random criteria related to the practice are only necessarily indicative for which the Company assumes no guarantee or responsibility.
The Customer is also informed that the Services offered on the Website constitute high-risk sports that may cause serious physical or brain damage that may result in bodily injury or even the death of the participant.
The Site may contain links to other sites not edited or controlled by the Company, which can not be held responsible for the operation, content or any element present or obtained through these sites.
It is expressly stipulated that the Company can not be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the Company.
Before using the Site, the Customer must ensure that he has the technical and computer resources to use the Site and Order the Site Services, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his equipment is in good condition and does not contain any viruses.
1. PERSONAL DATA
The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of the Clients.
In connection with the provision of the Services, the Company collects personal data of the Clients and in particular the following data:
- E-mail adress
- First name
- Phone Number
- Personal address
- Birth date …
The Company collects and processes the personal data of the Clients for the following purposes:
- Provision of Services and Services on the Site
- Order management
- Management of the returns, exercise of the right of retraction, payment, invoicing ...
- Information on the Company, the services, and the activities of the Company
- Response to any questions / complaints from Clients
- Management of requests for rights of access, rectification and opposition
- Quality Monitoring Customer Satisfaction
- Promotional offers
The data relating to the management of the personal data of the Clients are kept for the strictly necessary period as defined by the Data Protection Act as amended.
The personal data of the Customers are processed by the Company as well as by the Company's partners and subcontractors. If necessary, they will be able to be transmitted to partner companies after being anonymised, making it impossible to identify the Client by a partner company.
The Company may also disclose personal data in order to cooperate with the administrative and judicial authorities.
The Company strives to secure the personal data of Customers appropriately and appropriately and has taken the necessary precautions to preserve the security and confidentiality of data and in particular to prevent them from being distorted, damaged or communicated to unauthorized persons.
Finally, in accordance with the Data Protection Act of 6 January 1978, the Clients have a right of access, rectification, deletion as well as a right of objection for legitimate reasons to the processing of their collected data and processed by the Company, by contacting the Company directly at the following email address: firstname.lastname@example.org.
1. COOKIES AND STATISTICAL TOOLS
Thus, the information collected indirectly can be used to track the volume, type and configuration of traffic using this Site, to develop the design and layout and for other administrative and planning purposes and more generally to improve the service offered on the Site.
Cookies can also collect and analyze statistics such as the number of visits, unique visitors, page views or to produce other global statistics on the activities of the Site.
An alert message asks each person visiting the Site, in advance, if they wish to accept cookies.
For Internet Explorer ™: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies;
For Safari ™: http://support.apple.com/kb/ht1677?viewlocale=en_US;
For Chrome ™: https://support.google.com/chrome/answer/95647?hl=en;
For Firefox ™: https://support.mozilla.org/en/kb/activate-deactivate-cookies;
For Opera ™: http://help.opera.com/Windows/10.20/en/cookies.html.
To opt out of Google Analytics, go to the Google Deactivation page and install your browser add-on at: https://tools.google.com/dlpage/gaoptout?hl=en
Instructions for removing cookies from other browsers are available at http://www.allaboutcookies.org/manage-cookies/.
1. INTELLECTUAL PROPERTY
All elements of this Site and the Site itself, is protected by copyright, the right of trademarks, designs and / or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
The Company's name and brand, logos, designs, stylized letters, figurative marks, and all the signs represented on this Site are and will remain the exclusive property of the Company.
The Company also retains all the intellectual property rights associated with the photographs and videos that may be made during the performance of the Services and that it reserves the right to re-use on any support, in particular for promotional purposes. On the occasion of the Service, the Customer must sign an authorization to use his image rights.
No title or right to any element or software will be obtained by downloading or copying elements of this Site. It is expressly forbidden for the Customer to reproduce (except for personal and noncommercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software contained therein, no more that modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Site, the elements of this Site or any related software.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and can not be transferred or transferred to any third party. The license is granted for the duration of use of the Site.
Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited unless expressly agreed by the Company.
By ticking the box provided for this purpose or by expressly agreeing to this end, the Customer agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to his activity.
When the Client checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for services similar to those ordered.
Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
1. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with French law, without regard to conflict of laws principles.
In the event of a dispute that may arise during the interpretation and / or execution of these Terms and Conditions or in relation to these Terms and Conditions, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute settlement.
The Client can visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute resolution bodies approved in France: https: //webgate.ec. europa.eu/odr/.
In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.